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Sex discrimination: More light shed on evidence required for prima facie case

This report relates to 1 case(s)

  • expand disabled

    Cunningham v Quedos Ltd and another [2004] All ER (D) 376 (Feb) EAT (0 other reports)

Key points

In Cunningham v Quedos Ltd and John Wyeth & Brother Ltd, the EAT holds:

  • An employment tribunal erred in law when it failed to draw the necessary inferences after making a number of findings indicating a prima facie case of sex discrimination in circumstances where a third party was alleged to have provided an employer with knowing assistance to discriminate under s.42 of the Sex Discrimination Act 1975.
  • Since a prima facie case had been made out against the third party, s.63A of the Act required the burden to shift onto that party to provide an explanation, and the tribunal should have applied the guidance set out in Barton v Investec Crostwaith Securities [2003] IRLR 332 and approved in University of Huddersfield v Wolff 25.09.03 EAT/0596/02/SM. The matter was remitted to a newly constituted tribunal.